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LAMB ENTERPRISES, INC. v. CITY OF ERIE

No. 16888.

396 F.2d 752 (1968)

LAMB ENTERPRISES, INC., a Delaware corporation, (Dispatch, Inc.), Appellant, v. CITY OF ERIE and Council of the City of Erie and Erie Television Corporation, (Intervenor in D. C.).

United States Court of Appeals Third Circuit.

Decided June 21, 1968.

Attorney(s) appearing for the Case

John M. Wolford, Dunn & Wolford, Erie, Pa., for appellant.

Edward A. Pastewka, Asst. City Solicitor, City of Erie, Erie, Pa., for appellee, City of Erie, etc.

John W. English, English, Bowler & Jenks, Erie, Pa., for appellee, Erie Television Corp., Intervenor in D. C. (Joseph M. Walsh, Jr., City Solicitor's Office, City of Erie, Erie, Pa., on the brief).

Before HASTIE, Chief Judge, and McLAUGHLIN and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

An ordinance of the City of Erie, Pennsylvania, No. 39-1965, provides, as its title states, "for the granting of franchises for Community Antenna Television Systems; establishing regulations and conditions for the construction, maintenance and operation thereof; and the fees to be paid therefor and providing penalties for violations." The complaint in this case seeks to enjoin the city from

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